SECOND AMENDMENT TO LICENSE AGREEMENT OF 03/02/98
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Cingular Site ID / Name: T062/ Bridgeport NE Facility
SECOND AMENDMENT TO
LICENSE AGREEMENT
THIS SECOND AMENDMENT TO TOWER SPACE LICENSING AGREEMENT
("Second Amendment") is made this ~ day of , 2004, by City of Clearwater, a
political subdivision of the State of Florida, with a maili address of 1900 Grand Avenue, Clearwater,
Florida 33765, ("Licensor") and BellSouth Mobility LL , a Georgia limited liability company, d/b/a
Cingular Wireless, successor in interest to BellSouth Mobility Inc., with a mailing address of Mail Code
GAN02, 6100 Atlantic Blvd., Norcross, GA 30071, ("Licensee").
WIT N E SSE T H:
THAT WHEREAS, Licensor and Licensee are parties to that certain License Agreement dated
March 2nd, 1998 (the "Agreement"), the terms of which are incorporated herein by reference, whereby
Licensee leases certain real property located in Pinellas County, State of Florida, as such property is more
particularly described in Exhibit A to the Agreement (the "Property"); and
WHEREAS, the parties wish to modifY certain terms and conditions of the Agreement and
confirm and clarifY others, as provided herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained and the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby mutually acknowledged, the undersigned parties, intending to be
bound, hereby agree as follows:
I. Status of Parties. The parties each acknowledge that, to the best of its knowledge, the
other party has complied in all material respects with the obligations under the Agreement accruing on or
prior to the date hereof and that, to the best of its knowledge, the other party is not in default under the
ternlS of the Agreement.
2. Change in leased Property:
(a) Licensor acknowledges that Licensee intends to make certain equipment changes with
respect to its communications facility and that Licensee needs to modifY the leased Property by (i)
Replacing all six (6) existing antennas and six (6) tower mounted amplifiers (TMA's), (ii) Adding seven (7)
associated coaxial cables to facilitate Licensee's transmission of communications; (iii) Adding one (I)
antenna to accommodate Licensee's system upgrades.
(b) To evidence the additional antenna, coaxial cables and the replacement antennas,
Exhibit "B", is hereby deleted in its entirety and is replaced by Exhibit "A-l Revised" attached hereto.
3. Rent. In return for Licensor granting Licensee the right to install the replacement
antennas and associated coaxial cables, and to establish an additional annual rent payment to Licensor the
following is hereby added to the end of Section 4:
The current Rent shall be increased by Six Thousand Three Hundred 00/1 00 Dollars
($6,300.00) per annum ("Additional Rent"), said increase effective the date Licensee
begins installation of its equipment described herein, which date shall be documented by
Licensee giving written notice to Licensor. On the anniversary of the Commencement
Date, Rent will increase in accordance with the provisions of this paragraph.
Licensor acknowledges that Licensee is paying the additional rent due to the additional
coaxial cable. Should Licensee's future modifications or upgrades reduce the number of
additional antennas/coaxial cables, the Additional Rent will cease upon Licensee giving
Licensor thirty (30) days prior written notice and removing the additional antennas within
the (30) day period.
4. Structural Enhancement: It is anticipated that the tower will need to be structurally
enhanced to accommodate the installation of Licensee's equipment thereon (the "Structural Enhancement").
Licensor hereby consents to the Structural Enhancement provided: (a) the Structural Enhancement is
completed at Licensee's cost and expense, in accordance with sound engineering practices; (b) reasonably
diligent efforts are made to avoid disruption of any other Licensee's use of the Tower; (c) the contractor
perfonning the Structural Enhancement is experienced in such work and possesses workmen's
compensation insurance at statutory levels and not less than $1,000,000 in commercial liability insurance,
and (d) any lien arising from the perfonnance of the Structural Enhancement work will be removed or
bonded ofT by Licensee within thirty (30) days after notice from Licensor. Upon completion, the Structural
Enhancement shall be deemed to be a part of the Tower and the property of Licensor, and the Structural
Enhancement shall not be removed by Licensee upon the tennination of this Agreement.
5. Notice Address. Licensee's address for notice is hereby amended as follows:
To Licensee:
Cingular Wireless
Mail Code GAN02
6100 Atlantic Blvd.
Norcross, GA 30071
Attn: Network Real Estate Administration,
With a copy to:
Cingular Wireless LLC
5565 Glenridge Connector
Suite 1700
Atlanta, GA 30342
Attn: Legal Department
And a copy to:
Cingular Wireless
Site: T062
520 I Congress A venue
Boca Raton FL 33487
Attn: Manager, Real Estate & Construction
5. Capitalized Tenns. Capitalized tenns not otherwise defined herein shall have the
meanings set forth in the Agreement.
6. Construction of Document. Each party hereto acknowledges that this Second Amendment
shall not be construed in favor of or against the drafter and that this Second Amendment shall not be
construed as an offer until such time as it is executed by one of the parties and then tendered to the other
party .
7. No Other Amendments. Except as expressly modified by this Second Amendment, the
Agreement remains unchanged and in full force and effect.
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8. Inconsistencies. Any sections of the Second Amendment containing language
inconsistent with the foregoing shall be deemed amended to reflect the intent of the parties as expressed
herein. All other terms and conditions of the Agreement shall remain in full force and effect. The validity
of any provision hereof shall in no way affect or invalidate the remainder of the Agreement or this Second
Amendment.
9. Effectiveness. This Second Amendment shall be effective only upon execution and
delivery by Licensor and Licensee of this Second Amendment.
l SIGNATURES APPEAR ON FOLLOWING PAGE I
IREMAINDER OF PAGE LEFT BLANK INTENTIONALLY I
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Countersigned:
~
Mayor
-------
LEARWATER, FLORIDA
By: -;B. ~ JI
William B. Horne II
City Manager
AprAI1S to fo~:
Pamela K. Akin
City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
"-JL
The foregoin_g 3~trument was acknowledged before me this 5 day of
, 20JL1'by BRIAN J. AUNGST, Mayor of the City of Clearwater, who is
personally nown to me.
~:t.~
Print/TypeName:
Notary Public
"~~'f."I"
I~v~~. ~oo/nLBmk
~~~)"l MY COMMISSJON # DD203569 EXPIRES
'1/.1"" ..~~ May 22 2007
~.. ':,. .' BONDED THRU TROY FAIN INSURANCt INe
STATE OF FLORIDA )
COUNTY OF PINELLAS )
'J..L
The foregoing iO$Ument was acknowledged before me this S day of
, 20 , by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is per nally known to me.
PrintfTYPe~ '>f, ~
Notary Public
,'l-::;J'''', Caro~- L BrInk
I~vll'l\ If"
<*: :~ MY COMMISSION' DD203569 EXPIRES
~... . I May 22. 2007
'1~.~."<}. ~ BONDED THRU TROY FAIN INSURANCE. iNC
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and delivered in the presence of:
LICENSEE:
BELLSOUTH MOBILITY LLC,
a Georgia limited liability company, d/b/a Cingular Wireless,
successor in interest to BelISouth Mobility Inc.
PrintName:
~-
~per l3a.J~
~
N . avi Cundiff .
. e: Executive Director-Network"North Florida
STATE OF FLORIDA
COUNTY OF ~ Se /Yl t ~ ( ~
: ss
I, the undersigned au ority, a Notary Public in and for said County, in said State, hereby certify
this \ ..z..- day of ('" l- L-- , 2004 that David Cundiff of BelISouth Mobility LLC, a
Georgia limited liability comp n , d/b/a Cingular Wireless successor in interest to BellSouth Mobility Inc.,
has signed the foregoing instrument and, acknowledged before me on this date that, being informed of the
contents of the foregoing instrument, he, with full authority, executed the same voluntarily for and as the act
of the LLc. He is ( ) personally known to me OR ( ) has produced
as identification.
~~J\. Joanne R Tripp
\~j MyCommissionDD112272
0, rod' Expires June 16, 2008
(Ty ame of Notary Public)
State of Florida
My Commission Expires
[SEAL]
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Cingular Site ID# I Name: T062 I Bridgeport
EXHIBIT "A-I"
Antenna / Equipment Specifications
License A!!:reement Equipment Provisions:
o Six (6) panel Antennas at 240' AGL;
o Related 1-5/8" coaxial cable;
o Ground space leased - 375 square feet
Existin!!: Equipment:
o Six (6) PCSI9HA-II015-2DG at 240' AGL
o Related 1-5/8" coaxial cable;
o Six (6) TMA's 1900
Together with - per Lease Amendment executed 11th June, 2002
D Six (6) Panel Antennas at 65' AGL
D Related 1-5/8" coaxial cable;
D Ground space leased - 224 square feet
Replacement Equipment:
D Seven (7) 932DG90VTE-M at 240' AGL
D Thirteen (13) runs 1-5/8" coaxial cable;
D Six (6) TMA's Allgon LGP17503
D Tower Structural Enhancements